ORDER GRANTING MOTION TO DISMISS FELONY INFORMATION BASED
I. Statement of ProceedingsDefendant Terry Kaahanui's
31st Page of 32 - Dismiss Felony
For the foregoing reasons, the Court grants the Motion to Dismiss Felony Information Based on Insufficient Evidence to Find Probable Cause, filed by Defendant: Terry Kaahanui on January 21, 2009, Tanya Kaahanui on February 24, 2009, Waynette Nunes on March 2, 2009, Grace Akahi on March 3, 2009, Wayne Nunes on March 4, 2009, and Vanessa Fimbres on March 10, 2009, and, in accordance therewith, hereby Orders the dimissal of the Information filed on September 29, 2008 as to Remaining Defendants (Wayne Nunes, Waynette Nunes, Grace Akahi, Vanessa Fimbres, Tanya Kaahanui and Terry Kaahanui).3 The Court denies Defendant James Akahi's Motion to Dismiss Felony Information Based on Insufficient Evidence to Find Probable Cause, filed by James Akahi on March 3, 2009.____________________________
3Both the State and Defense Counsel for Grace Akahi agree in their respective filed submissions that the Court should dismess the information if the Court does not find sufficient evidence to establish probable cause to believe that Defencants committed the charged offense or and included felony offense. State's Supplemental Memorandum at 3-5 ("If the Court determines that there is insufficient evidence, then the Court is bound to dismiss the felony information.) Memorandum Regarding Finding of Lesser Offense at 5-8 ("If the Court did not find probable cause for the offense charged or and included felony, this Court must discharge the Defendant.") There is no applicable included felony offense to Burglary in the Second Degree.
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